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Chennai Court August 2016 Judgments

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Aug 19 2016

S. Ramasamy and Another Vs. The Superintendent of Police, Dindigul, Di ...

Court: Chennai Madurai

Decided on: Aug-19-2016

(Prayer: Writ Petition filed under Article 226 of the Constitution of India for the issuance of a Writ of Mandamus directing the respondents 1 and 2 to initiate appropriate action against the fifth respondent and freeze his account including the pensionary benefits so as to enable the petitioner to realise the amount by considering the representation dated 11.07.2016.) T. Raja, J. 1. Learned Counsel for the petitioner seeks permission of this Court to withdraw this Writ Petition with liberty to approach the appropriate forum. He has also made an endorsement to that effect. 2. In view of the above, this Writ Petition is dismissed as withdrawn with liberty to approach the appropriate forum . No costs....


Aug 19 2016

R. Baskaradoss Vs. The State of Tamil Nadu, Rep. By its Secretary to G ...

Court: Chennai

Decided on: Aug-19-2016

(Prayer: Review Application filed under section 114 and Order 47 Rule 1 and 2 of C.P.C. to review the order of this court in W.P.No.1239 of 2013 dated 04.09.2014.) K. Ravichandrabaabu, J. 1. This review application is filed seeking to review the order passed in W.P.No.12397 of 2012 dated 04.09.2014. The applicant herein is the writ petitioner. 2. The said writ petition was filed challenging G.O.Ms.No.171, Personnel and Administrative Reforms (SAT) Department dated 29.06.2007 in so far as clause 4(iii) is concerned and consequently for a direction to the respondents to grant appropriate seniority to the petitioner in the cadre of Section Officer/Court Officer/Appeal Examiner in the High Court Service with effect from 07.10.1998. 3. The above said writ petition was taken up for final disposal along with three other similar writ petitions and after hearing both sides, a common order was passed on 04.09.2014, dismissing all the writ petitions, however by making it clear that except for sen...


Aug 19 2016

F. Andrews Dinakaran and Others Vs. Union of India, Rep. by its Secret ...

Court: Chennai

Decided on: Aug-19-2016

(Prayer: Writ Petition filed under Article 226 of the Constitution of India, seeking an order to issue a writ of certiorarified mandamus, calling for the records relating to the common order, dated 30.07.2013 passed by the fourth respondent in O.A.Nos.1324 to 1329, 1331 to 1333, 1335 to 1337 of 2012, quash the same and consequently, to declare that the divestment of the petitioner's services by 2nd respondent's orders, dated 13.08.2013 as illegal and the petitioners are entitled to be continued as permanent employees in the services of the respondents 2 and 3, with effect from the dates of their completion of 480 days of continuous service with continuity of service and consequential arrears of salary and other attendant benefits.) P. Kalaiyarasan, J. 1. This writ petition has been filed, seeking to issue a writ of certiorarified mandamus, calling for the records relating to the common order, dated 30.07.2013 passed by the Central Administrative Tribunal (Madras Bench) in O.A.Nos.1324 ...


Aug 19 2016

Subbiah and Others Vs. The Deputy Superintendent of Police, Kangeyam S ...

Court: Chennai

Decided on: Aug-19-2016

(Prayer: Criminal Appeals filed under Section 374(2) Cr.P.C., against the judgment, dated 20.08.2008 made in S.C.No.15 of 2008 on the file of the Principal Sessions Court, Erode District.) Common Judgment: Crl.A.No.631 of 2008 is filed by A2 and Crl.A.No.656 of 2008 is fled by A1, A3 and A4, against the same judgment dated 20.08.2008 made in S.C.No.15 of 2008 on the file of the Principal Sessions Court, Erode District. They were charged by the trial Court as tabulated hereunder: ad>Sl.No.Charges framed against the accused personsSection of Law1A1 and A2Section 3(1)(x) of the SC and ST Act2A1 and A3Section 323 IPC3A4Section 324 IPC4A2Section 307 IPC (2 counts)5A3Section 307 IPC6A1 to A4Section 427 IPC They were convicted and sentenced as follows by the trial Court: ad>Sl.No.Rank of accusedConviction under SectionSentence of ImprisonmentFine1A1323 IPCsix months rigorous imprisonment-2A2326 IPCfive years rigorous imprisonmentRs.3,000/-, i/d one year rigorous imprisonment324 IPCtwo years ...


Aug 19 2016

J. Mercy Evangeline Secondary Grade Teacher Hindu Primary School, Keel ...

Court: Chennai Madurai

Decided on: Aug-19-2016

(Prayer: Writ Petition filed under Article 226 of the Constitution of India for the issuance of a WRIT OF CERTIORARIFIED MANDAMUS to call for the records relating to the impugned proceedings issued by the 2nd respondent herein in Na.Ka.NO. 520/A1/2015 dated 22.05.2015, quash the same and further direct the 2nd respondent herein to deploy the petitioner to nearby needy government schools in terms of Section 26 of the T.N. Recognised Private Schools (Regulation) Act within a reasonable time as may be specified by this Court.) 1. Learned counsel appearing for the petitioner seeks permission of this Court to withdraw this writ petition and he has also made an endorsement to that effect. 2. In view of the endorsement made by the learned counsel appearing for the petitioner, this Writ Petition is dismissed as withdrawn. No costs....


Aug 19 2016

K. Lakshmanan Vs. The Principal Secretary to Government, Revenue Depar ...

Court: Chennai Madurai

Decided on: Aug-19-2016

(Prayer: Writ Petition filed under Article 226 of the Constitution of India for the issuance of a Writ of Mandamus directing the respondents 1 2 and 4 i.e. the Principal Secretary to Government, Revenue Department Chennai, the Commissioner of Revenue Administration, Revenue Department, Chennai and the District Collector Ramanathapuram to send revised pension proposals to the Accountant General, Chennai to re-fix the pension of the petitioner counting half of the services put in by him as Thalayari for specified time frame that may be fixed by this court.) 1. This writ petition has been filed for the issuance of a Writ of Mandamus, directing respondents Nos.1 2 and 4 i.e. the Principal Secretary to Government, Revenue Department Chennai, the Commissioner of Revenue Administration, Revenue Department, Chennai and the District Collector Ramanathapuram to send revised pension proposals of the petitioner to the Accountant General, Chennai, to re-fix his pension by counting half of the servi...


Aug 19 2016

Bruhanedeen Vs. The Regional Passport officer, Trichirappalli and Anot ...

Court: Chennai Madurai

Decided on: Aug-19-2016

(Prayer:Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus directing the first respondent to issue a new passport on the basis of the application presented by the Petitioner on 18.4.2016 in the shape of a renewal of an existing passport.) 1. Heard both sides. 2. By consent of both sides, the main Writ Petition itself is taken up for final disposal. 3. No counter is filed on behalf of the Respondents. 4. According to the Petitioner, his passport expires on 12.1.2025 and although he was not involved in any of the offence in respect of Crime No.30 of 2013 registered on the file of the District Crime Branch, Pudukkottai, he was purportedly roped into the offence by the Respondent/Police. As such, he moved a bail application in Cr.M.P.No.901 of 2015 on the file of the Principal and District Sessions Court, Pudukkottai on 6.6.2015. He was granted bail and the charge-sheet was already filed. He also filed Crl. O.P(MD)No.14070 of ...


Aug 19 2016

M. Muruganandham Vs. State: Inspector of Police, Coimbatore District

Court: Chennai

Decided on: Aug-19-2016

(Prayer: Criminal Appeal filed under Section 374(2) Cr.P.C., against the judgment, dated 27.10.2015 in S.C.No.167 of 2014 on the file of the Third Additional District and Sessions Court, Coimbatore.) This Criminal Appeal is filed against the judgment dated 27.10.2015 in S.C.No.167 of 2014 on the file of the Third Additional District and Sessions Court, Coimbatore, by which, the appellant/accused was convicted for the offence under Section 304 (Part-1) IPC and sentenced to undergo rigorous imprisonment for five years with fine of Rs.1,000/-, in default, to undergo rigorous imprisonment for two months. 2. The case of the prosecution leading to conviction of the appellant/accused, in brief, is as follows: The appellant/accused/Muruganandham and the deceased Jayaseelan were labourers under P.W.1 who was a painting contractor. At the relevant point of time, the deceased and the accused frequently indulged in quarrel. The deceased and P.W.1 belong to the same native place, due to which, taki...


Aug 19 2016

D. Sampath Vs. The Inspector of Police, Special Investigation Cell, Vi ...

Court: Chennai

Decided on: Aug-19-2016

(Prayer: Petitions filed under Section 482 of Cr.P.C., praying to call for the records in C.C.No.17 of 2015 on the file of the learned Special Court for cases under the Prevention of Corruption Act, 1988 at Chennai and to quash the same.) 1. This Criminal Original Petition has been filed by the petitioner, praying to quash the criminal proceedings in C.C.No.17 of 2015 pending on the file of the learned Special Judge for cases under the Prevention of Corruption Act, 1988 at Chennai, as against the petitioner herein, raising the ground that the complaint is not in conformity with Section 8 of the Prevention of Corruption Act, 1988 (in short 'PC Act') and without the jurisdiction of the authority. 2. The brief facts of the case of the prosecution are as follows_ 2-1. The petitioner/accused D.Sampath is a Proprietor of a business concern namely M/s.D.M.Silks and he is doing silk sarees business, at No.19/59, Karukkinil Amarnthaval Koil Street, Kancheepuram. The defacto-complainant S.Punnik...


Aug 19 2016

Thanjai Chezian Vs. State by the Inspector of Police, Central Bureau o ...

Court: Chennai

Decided on: Aug-19-2016

(Prayer: Criminal Revision Case No.40 of 2016 filed under Sections 397 and 401(1) Cr.P.C. to call for the records in Crl.M.P.No.820 of 2015 in C.C.No.5127 of 2009 on the file of the Additional Chief Metropolitan Magistrate, Egmore, Chennai (now at Allikulam, Chennai-600 003), by order dated 22.12.2015 in Crime No.RC.11/E/2008-CBI/EOW/Chennai on the file of the respondent-Police and set aside the order of dismissal of discharge and discharge the revision petitioner/A5. Criminal Revision Case No.41 of 2016 filed under Sections 397 and 401(1) Cr.P.C. to call for the records in Crl.M.P.No.816 of 2015 in C.C.No.4859 of 2009 on the file of the Additional Chief Metropolitan Magistrate, Egmore, Chennai (now at Allikulam, Chennai-600 003), by order dated 22.12.2015 in Crime No.RC.9/E/2008-CBI/EOW/Chennai on the file of the respondent-Police and set aside the order of dismissal of discharge and discharge the revision petitioner/A3.) Common Order: Both these revision petitions arise out of the co...



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